Ch. VI · §19
Chapter VI
Employer Duties
Section
Chapter VI · Employer Duties
Section 19
Duties of employer
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
Section 19 is the employer's standing compliance checklist. It sets out ten specific duties that every employer must operationalise.
Employers must provide a safe working environment, display the penal consequences and IC order, organise awareness programmes and committee training, facilitate the inquiry process, assist with police complaints, treat sexual harassment as misconduct, and monitor annual reporting.
Compliance is not just about having a policy document. It requires visible displays, regular training, active facilitation of inquiries, and disciplinary integration.
Many inquiry delays and procedural failures trace back to employer-side support failures listed in this section.
Why It Matters
Section 19 turns the Act's protective framework into operational obligations. Without employer compliance, the entire complaint mechanism breaks down.
The duty to provide a safe working environment is proactive, not reactive — employers must prevent harassment, not just respond to it.
Display requirements ensure that every employee and visitor is aware of the law's consequences and the existence of the IC.
The duty to treat sexual harassment as misconduct integrates POSH compliance into existing HR disciplinary frameworks.
The duty to monitor annual report submission under Section 21 creates an accountability loop between the IC and the employer.
Practical Example
Display requirements
Scenario: A mid-size IT company has constituted an IC but has never displayed the penal consequences or IC order at the workplace.
Outcome: This is a direct violation of Section 19(ii). The employer must display both the penal consequences of sexual harassment and the IC constitution order at a conspicuous place.
Witness attendance
Scenario: The IC requests the employer to secure the attendance of a witness who is a former employee. The employer says it cannot compel former employees.
Outcome: Under Section 19(v), the employer must assist in securing attendance — this may include contacting the former employee, facilitating the process, or using available leverage. The duty is to assist, not necessarily to compel.
Police complaint assistance
Scenario: An aggrieved woman wants to file a police complaint against a client's employee who harassed her at a client site visit.
Outcome: Under Section 19(vii), the employer must assist her in filing the police complaint. Under Section 19(viii), the employer may also initiate action against the perpetrator if the aggrieved woman so desires.
Misconduct classification
Scenario: The company's service rules define misconduct but do not list sexual harassment as a specific category.
Outcome: Section 19(ix) requires sexual harassment to be treated as misconduct. The employer must amend service rules or issue a standing order to ensure sexual harassment is explicitly covered.
Who Must Act
employer
- Provide a safe working environment, including safety from persons coming into contact at the workplace.
- Display the penal consequences of sexual harassment and the IC constitution order at a conspicuous place.
- Organise regular awareness programmes for employees and orientation programmes for IC members.
- Provide necessary facilities to the IC or LC for dealing with complaints and conducting inquiries.
- Assist in securing attendance of respondents and witnesses before the committee.
- Make available information required by the committee for the complaint.
- Assist the aggrieved woman in filing a police complaint if she chooses to do so.
- Initiate action under the IPC or other law against the perpetrator, or assist if the perpetrator is not an employee.
- Treat sexual harassment as misconduct under service rules and initiate disciplinary action.
- Monitor timely submission of annual reports by the IC under Section 21.
ic member
- Many inquiry delays trace back to employer-side support failures listed in Section 19 — escalate non-cooperation promptly.
- Request facilities, attendance support, and information from the employer as needed under Section 19.
employee
- Be aware of the employer's obligations so you can hold the organisation accountable.
- Demand the display of penal consequences and IC order if they are not visible at your workplace.
Compliance
Provide a safe working environment including safety from persons at the workplace
Actor: Employer · Rule: Section 19(i)
Display penal consequences of sexual harassment and IC order at a conspicuous place
Actor: Employer · Rule: Section 19(ii)
Organise regular awareness programmes and orientation programmes for IC members
Actor: Employer · Rule: Section 19(iii)
Provide necessary facilities to the IC or LC for complaint handling and inquiry
Actor: Employer · Rule: Section 19(iv)
Assist in securing attendance of respondent and witnesses before the committee
Actor: Employer · Rule: Section 19(v)
Make available information required by the committee for the complaint
Actor: Employer · Rule: Section 19(vi)
Assist the aggrieved woman in filing a police complaint if she chooses to do so
Actor: Employer · Rule: Section 19(vii)
Initiate action under IPC or other law against the perpetrator, or assist if perpetrator is not an employee
Actor: Employer · Rule: Section 19(viii)
Treat sexual harassment as misconduct under service rules and initiate disciplinary action
Actor: Employer · Rule: Section 19(ix)
Monitor timely submission of annual reports by the IC under Section 21
Actor: Employer · Rule: Section 19(x)
Timelines
Awareness programmes: At regular intervals
Employers must organise workshops and awareness programmes at regular intervals for sensitising employees with the provisions of the Act.
IC orientation programmes: At regular intervals
Employers must organise orientation programmes for IC members at regular intervals.
Annual report monitoring: Each calendar year
The employer must monitor the timely submission of the IC's annual report under Section 21.
Common Mistakes
Treating Section 19 compliance as a one-time activity — awareness programmes and orientation must happen at regular intervals, not just once.
Displaying the POSH policy but not the penal consequences and IC constitution order — Section 19(ii) requires both.
Not amending service rules to explicitly classify sexual harassment as misconduct.
Failing to provide facilities to the IC for conducting inquiries, leading to procedural delays.
Not assisting the aggrieved woman with police complaints — this is a mandatory duty, not a discretionary one.
Ignoring the duty to monitor annual report submission, creating a gap in the compliance accountability loop.
Constituting the IC on paper but not providing practical support like meeting rooms, recording facilities, or witness coordination.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification